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Employment Law

State tax workers: No Bonnie and Clyde

06/15/2010
Some criminals think big. Then there’s Stefan Arteaga-Pitzenbauer, an employee of the New Jersey Division of Taxation’s unclaimed property office who thought he had hatched a foolproof get-rich-quick scheme.

No policies, no job descriptions, no training: A case study in how not to hire & promote

06/15/2010

Sometimes, the best lessons are learned from the worst examples. That’s often the case with HR management. When employers make big mistakes and have to pay for them in court, other employers with good practices—that maybe need just a little tweaking—can discover what not to do. Here’s a good example.

Make sure employees–and bosses and HR–know exactly how to call in FMLA absences

06/14/2010
Make sure your entire staff is on the same page when it comes to responding to FMLA requests. Decide on a contact person and set a policy that lets all employees know. Create a log for recording all incoming FMLA communications. Remember, certifications may come directly from medical providers, who are likely to use fax or mail delivery.

Rescind firing ASAP to end discrimination suit

06/14/2010
Let’s say a supervisor acts too hastily in firing an employee who has turnaround potential. Or perhaps you learn the employee has a plausible discrimination claim, and you’d rather address the issue right away than risk litigation. If you offer to reinstate the employee right away and she refuses to return, chances are a court won’t conclude you unfairly terminated her in the first place.

Retaliation? Not if bias claim was bogus

06/14/2010
The 11th Circuit Court of Appeals has overturned a jury’s $300,000 retaliation award, reasoning that the complaint that was the basis for the retaliation claim wasn’t based on a good-faith belief that discrimination had occurred.

New tool when employees defect to competition: bonus forfeiture

06/14/2010
Employers looking to discourage their employees from going to work for a competitor, take note! As a general matter, courts aren’t in favor of noncompete agreements. Nevertheless, Illinois employers may now have a new weapon to keep employees from taking your secrets when they leave.

Illinois among states eyeing worker misclassification issues

06/14/2010

While Congress ponders the Employee Misclassification Prevention Act, several states are studying ways to target employers that misclassify their employees as independent contractors. Illinois is part of a joint task force studying the misclassification problem.

EEOC wins access to Quantum’s hiring documents

06/14/2010

Bolingbrook-based Quantum Foods faces a national-origin discrimination lawsuit from the EEOC, based on a Hispanic worker’s claim that he was terminated because of his national origin. The EEOC sought hiring records for the facility for the past four years.

Court tossed class-action suit? Your legal worries aren’t over yet

06/14/2010

Here’s more incentive to pay close attention to your compensation practices: Wage-and-hour lawsuits can easily morph into collective actions in which a few employees represent all similarly situated employees. Even if an employer manages to persuade the court that the claims aren’t suitable for a collective action, that doesn’t mean the case is over.

Remind hiring managers: What you wear during interview may invite discrimination lawsuit

06/14/2010

Have you reminded managers and supervisors that they should keep their dress professional when conducting interviews? If not, do so. Attire that’s too casual—especially if it features a potentially offensive logo or design—can easily lead to a discrimination lawsuit.